For those concerned about ensuring accurate eyewitness testimony and avoiding wrongful convictions based on sincere but mistaken evidence, one can paraphrase Charles Dickens in describing the current state of the law: It is at once “the best of times and the worst,” and Pennsylvania is poised on the brink of a significant decision on this issue.
First, for the “best.” Nationally, albeit not yet in Pennsylvania, legislative action, court decisions and some law enforcement initiatives have led police in many states to adopt “best practices” in eyewitness investigation, with the latest effort coming in Texas. Yes, Texas, not Pennsylvania, has legislation mandating that police departments adopt eyewitness investigation protocols, and then review and update them every two years. (Comprehensive eyewitness reform legislation has been proposed in Pennsylvania but not acted on.) And in a recent New York decision, a trial judge ordered that a lineup be conducted sequentially (one person viewed at a time) rather than simultaneously (all six viewed together), be administered in a double-blind fashion (where the lineup administrator does not know which person is the suspect, to avoid unintentional cuing), and be recorded.
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